No objectionable speeches: Delhi HC quashes FIRs against Covid-era Tablighi Jamaat

Over half a decade after Maulana Mohd Saad Kandhalvi, chief of the Markaz Nizamuddin, and others were accused of spreading Covid-19 by organising an international congregation in Delhi, the current investigation officer from the Delhi Police Crime Branch has informed senior officials that “nothing objectionable” was found in Saad’s speeches recovered from his laptop, the Indian Express has reported.

On 31 March 2020, an FIR was lodged against Saad and others for culpable homicide not amounting to murder.

The complaint was filed by the then SHO of Hazrat Nizamuddin police station, who alleged that “an audio recording, purportedly by Saad, was found in circulation on WhatsApp on 21 March 2020, in which the speaker was heard asking his followers to defy the lockdown and social distancing, and to attend the religious gathering of the Markaz”.

It is reported that the current investigation officer informed his seniors at the Delhi Police headquarters that Saad had not joined the investigation thus far.

“A laptop and some electronic equipment were deposited in the FSL (forensic science laboratory) to extract data, and that is still awaited. Speeches of Saad were stored in the laptop, which were analysed earlier during the investigation, and nothing objectionable was found in them,” a senior officer said, citing the investigation report.

Last month, the Delhi High Court ruled that merely living in a markaz did not amount to a violation of government-issued prohibitory orders curtailing movement at the onset of the pandemic.

It quashed 16 FIRs and consequent charge sheets against 70 Indians associated with the Tablighi Jamaat.

The Jamaat, an international Islamic religious group, was accused of spreading Covid-19 by organising the international congregation at the Nizamuddin Markaz between 13 and 15 March.

A total of 952 foreign nationals from 36 countries were charge-sheeted. “Forty-eight charge sheets and 11 supplementary charge sheets were filed in court on 26, 27 and 28 May 2020 and 19 June 2020,” an officer said.

During the trial, 44 accused foreign nationals opted to face trial, while 908 pleaded guilty and paid fines ranging from Rs 4,000 to Rs 10,000.

When contacted, the then-commissioner of Delhi Police S.N. Shrivastava said, “After superannuation four years ago, I am not connected with the investigation any more.”

Requests for comment sent to the Special Commissioner of Police (Crime Branch) and the Delhi Police spokesperson did not elicit a response.